Part 1, Division 1, Section 5 · Education Services for Overseas Students Act 2000

Contents

5Definitions#

In this Act, unless the contrary intention appears:

accepted student of a registered provider means a student (whether within or outside Australia):

(a)who is accepted for enrolment, or enrolled, in a course provided by the provider; and

(b)who is, or will be, required to hold a student visa to undertake or continue the course.

affected provider for a reviewable decision has the meaning given by section 169AB.

agreed starting day for a course means the day on which the course was scheduled to start, or a later day agreed between the registered provider for the course and the student.

applicable number of days has the meaning given by subsection 19(1A).

approved school provider means a school provider approved (however described) by a designated State authority to provide courses to:

(a)if the school provider is located in Tasmania or the Australian Capital Territory—students for that State or Territory; or

(b)otherwise—overseas students for the State (other than Tasmania or the Australian Capital Territory).

ART member means a member of the Administrative Review Tribunal.

associate of a person has the meaning given by section 6.

attendance notice means a notice given under section 116.

Australian Qualifications Framework has the same meaning as in the Higher Education Support Act 2003.

authorised officer of the ESOS agency for a registered provider has the meaning given by section 6A.

Board means the TPS Advisory Board established by section 55A.

Board member means a member of the Board appointed under section 55D, including the Chair and the Deputy Chair.

call: a call is made on the OSTF in the circumstances set out in section 50A.

compliance audit has the meaning given by section 112A.

condition, in relation to a provider’s registration, means a condition imposed on the registration under section 10B or subsection 83(3).

course has the meaning given by section 5AA.

CRICOS annual registration charge means CRICOS annual registration charge imposed by the Education Services for Overseas Students (Registration Charges) Act 1997.

default:

(a)in relation to a registered provider—has the meaning given by section 46A; and

(b)in relation to an overseas student or intending overseas student—has the meaning given by section 47A.

default day, in relation to a default, means:

(a)if subparagraph 46A(1)(a)(i) or paragraph 47A(1)(a) applies—the agreed starting day; or

(b)if subparagraph 46A(1)(a)(ii) applies—the day on which the course ceases to be provided; or

(c)if paragraph 47A(1)(b) applies—the day on which the student withdraws from the course; or

(d)if paragraph 47A(1)(c) applies—the day on which the registered provider of the course refuses to provide, or continue providing, the course to the student.

designated State authority for a provider or registered provider to the extent the provider is an approved school provider means the person responsible under the law of a State for approving (however described) school providers to provide courses to:

(a)if the school provider is located in Tasmania or the Australian Capital Territory—students for that State or Territory; or

(b)otherwise—overseas students for the State (other than Tasmania or the Australian Capital Territory).

document includes a copy of a document.

DSA assessment certificate has the meaning given by subsection 6B(1).

DSA recommendation certificate has the meaning given by subsection 6B(2).

education agent has the meaning given by section 6BA.

education agent commission has the meaning given by section 6BB.

ELICOS means English Language Intensive Course for Overseas Students.

ELICOS Standards has the meaning given by section 176B.

ESOS agency for a provider or registered provider has the meaning given by section 6C.

exempt provider has the meaning given by section 6D.

Foundation Program Standards has the meaning given by section 176C.

high managerial agent of a provider means an employee, agent or officer of the provider with duties of such responsibility that his or her conduct may fairly be assumed to represent the provider in relation to the business of providing courses.

Immigration Minister means any of the Ministers who administer the Migration Act 1958 from time to time.

Immigration Minister’s suspension certificate means a certificate given under Division 2 of Part 6.

Immigration Secretary means the Secretary of the Department administered by the Immigration Minister.

intending overseas student means a person (whether within or outside Australia) who intends to become, or who has taken any steps towards becoming, an overseas student.

internal reviewer means:

(a)the ESOS agency for an affected provider; or

(b)a delegate referred to in paragraph 169AE(1)(b).

late payment penalty means the penalty imposed by section 172.

meets the registration requirements has the meaning giving by section 11.

monitoring purpose means a purpose of determining:

(a)whether a registered provider is complying, or has complied, with:

(i)this Act; or

(ii)the national code; or

(iii)if the ELICOS Standards or Foundation Program Standards apply in relation to the provider—those Standards; or

(b)whether, because of financial difficulty or any other reason, the provider might not be able to:

(i)provide courses to its accepted students; or

(ii)refund amounts to its accepted students under Division 2 of Part 5.

national code means the National Code of Practice for Providers of Education and Training to Overseas Students in force under Part 4.

National VET Regulator has the same meaning as in the National Vocational Education and Training Regulator Act 2011.

non-referring State has the same meaning as in the NVETR Act.

NVETR Act means the National Vocational Education and Training Regulator Act 2011.

NVR registered training organisation has the same meaning as in the NVETR Act.

old ESOS Act means the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991.

OSTF: see Overseas Students Tuition Fund.

overseas student means a person (whether within or outside Australia) who holds a student visa, but does not include students of a kind prescribed in the regulations.

Overseas Students Tuition Fund means the Overseas Students Tuition Fund established under section 52A.

premises means:

(a)an area of land or any other place, whether or not it is enclosed or built on; or

(b)a building or other structure; or

(c)a vehicle or vessel;

and includes a part of any such premises.

principal executive officer of a provider that is not an individual means the person who has executive responsibility for the operation of the provider.

processing activity means:

(a)performance of a function or exercise of a power under or for the purposes of this Act; or

(b)an act connected with performing functions or exercising powers under or for the purposes of this Act.

production notice means a notice given under section 113 or 113A.

provide a course includes participate in providing the course.

provider has the meaning given by section 6E.

provider obligation period, in relation to a default, has the meaning given by section 46D, 47D or 47E (as the case requires).

Register means the Register kept under section 14A.

registered means registered under Part 2.

Note: Other grammatical forms of the word registered (such as registration) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).

registered higher education provider has the same meaning as in the TEQSA Act.

registered provider for a course for a location means a provider that is registered to provide the course at the location.

registered TAFE provider means a registered provider providing technical and further education.

registered training organisation has the same meaning as in the NVETR Act.

registered VET provider means:

(a)an NVR registered training organisation; or

(b)a registered training organisation (other than an NVR registered training organisation) that provides, or seeks to provide, courses to overseas students at locations in a non-referring State.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

reinstatement fee means the fee referred to in section 171.

related person of a provider or registered provider has the meaning given by subsection 7A(3).

relevant individual of a registered provider means:

(a)an officer or employee of the provider; or

(b)a consultant to the provider; or

(c)if the provider is a partnership—a partner in the partnership; or

(d)if the provider is a sole trader—the provider; or

(e)an officer or employee of an administrator, liquidator or restructuring practitioner (within the meaning of the Corporations Act 2001) of the provider or a former registered provider.

resident means:

(a)in the case of a company, a company incorporated in Australia that carries on business in Australia and that has its central management and control in Australia; or

(b)in the case of an unincorporated body, a body that carries on business in Australia and that has its central management and control in Australia.

reviewable decision has the meaning given by section 169AB.

school provider means a person or entity that provides courses of education at a level that, under section 15 of the Australian Education Act 2013, constitutes primary education, or secondary education, for the provider.

schools initial registration charge means schools initial registration charge imposed by the Education Services for Overseas Students (Registration Charges) Act 1997.

schools renewal registration charge means schools renewal registration charge imposed by the Education Services for Overseas Students (Registration Charges) Act 1997.

Secretary means the Secretary of the Department.

State includes the Australian Capital Territory and the Northern Territory.

student visa has the meaning given by the regulations.

study period means a period of study within a course that meets the requirements (if any) set out in the national code.

Note: Examples of study periods include terms and semesters.

TEQSA (short for Tertiary Education Quality and Standards Agency) means the body established by section 132 of the TEQSA Act.

TEQSA Act means the Tertiary Education Quality and Standards Agency Act 2011.

Territories Minister means the Minister responsible for administering the Christmas Island Act 1958.

this Act includes the regulations.

TPS levy means the TPS levy imposed under the Education Services for Overseas Students (TPS Levies) Act 2012.

TPS officer means:

(a)an APS employee in the Department who assists the TPS Director in the performance of the TPS Director’s functions; or

(b)a consultant engaged by the TPS Director under section 54L.

tuition fees has the meaning given by section 7.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.